New Windsor Designer Drug Attorneys

In June 2015, the New York Senate voted to ban a substance called “Flakka,” which – according to the state and our own experience as New Windsor designer drug attorneys – has become very popular in western New York. This drug causes euphoria and mild hallucinations, but can also lead to extreme paranoia and violent – even deadly – behavior. So why was the state so late in banning it? Because, like all designer drugs (also called “analogs”), Flakka is not derived from a plant or fungus, but is a chemical creation made a lab, and thus relatively “new.”

Until new drugs are identified and added to New York’s list of banned substances, they are technically “legal” under New York law (although not always under federal law), and thus more difficult to prosecute, even though they mimic the effects of patently illegal drugs, such as heroin and cocaine. However, don’t let this lull you into a false sense of security. If you’ve been accused of a designer drug offense, you could be looking at many years of prison, regardless of whether you realized the drug was technically illegal and whether or not you labeled the drug as “not for human consumption” before you sold it or gave it to a friend.

New York Designer Drug Penalties

Designer drugs are generally classified as Schedule I controlled substances – the most serious drug category carrying the most stringent penalties for possession, manufacturing, and distribution. These substances are strongly addictive and harshly prosecuted. If you’ve been arrested or accused of any type of designer drug crime, including the possession, sale, or manufacturing of ecstasy/MDMA, methamphetamine or LSD, it’s imperative that you call an experienced drug attorney immediately. Some common offenses in this category include:

Possession

Ecstasy/MDMA Possession:

Amount

Crime

Penalty

< 25 mg

Class A misdemeanor

Up to 1 year in jail

25 mg – 4.9 g

Class C felony

1 to 5.5 years in prison

5 – 24.9 g

Class B felony

1 to 9 years in prison

25+ g

Class A-II felony

3 to 10 years in prison

Methamphetamine (Meth) Possession

Amount

Crime

Penalty

< 0.5 oz

Class A misdemeanor

Up to 1 year in jail

0.5 – 1.9 oz

Class C felony

1 to 5.5 years in prison

2+ oz

Class A-II felony

3 to 10 years in prison

LSD possession

Amount

Crime

Penalty

< 5 mg

Class A misdemeanor

Up to 1 year in jail

5 – 24.9 mg

Class B felony

1 to 9 years in prison

25+ mg

Class A-II felony

3 to 10 years in prison

Sale or Possession With Intent To Sell

Ecstasy/MDMA Sale

Amount

Crime

Penalty

< 1 g

Class D felony

1 to 2.5 years in prison

1 – 4.9 g

Class B felony

1 to 9 years in prison

5+ g

Class A-II felony

3 to 10 years in prison

Methamphetamine (Meth) Sale

Amount

Crime

Penalty

< 0.125 oz

Class D felony

1 to 2.5 years in prison

0.125 – 0.49 oz

Class B felony

1 to 9 years in prison

0.5+ oz

Class A-II felony

3 to 10 years in prison

LSD Sale

Amount

Crime

Penalty

< 1 mg

Class D felony

1 to 2.5 years in prison

1 – 4.9 mg

Class B felony

1 to 9 years in prison

5+ mg

Class A-II felony

3 to 10 years in prison

You should also note that the above penalties are for first offenses and assume no aggravating factors, such as involving minors in the sale or distribution of these drugs or conducting activities in a school zone. If you have prior drug convictions or knowingly sold to a minor, the minimum sentence will be more severe.

How Can The Law Office of Benjamin Greenwald Help You?

With such stiff penalties against drug crimes, you may think your situation is hopeless. But in real life, situations are much more complex and nuanced than the written code. Some people who are accused of drug crimes have no knowledge of such drugs even existing, such as those caught under the presumptive evidence clause of New York’s drug laws, which allows officers to arrest anyone inside a vehicle where drugs are found. Sometimes the very search and seizure was illegal and should not have resulted in your arrest. Other times, the drugs may be yours, but not in the quantity or with the intent that the prosecution claims.

Whatever the situation, we can help. Our designer drug attorneys have years of successful courtroom experience defending drug crimes and have gotten charges dropped or drastically reduced for many clients just like you. If you’ve been accused or arrested for a drug offense, call us now for a free consultation at (845) 567-4820.

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